Summary
On a miscellaneous application filed after the Supreme Court had restored his murder conviction, the Court accepted the Sessions Court's inquiry report fixing the applicant's date of birth as 04.10.1984, held that he was a juvenile on the date of the offence (17.01.2002), set aside his conviction and acquitted him, holding that a juvenility claim can be raised even after the conviction has become final.
Issues
- Whether a plea of juvenility can be entertained after the Supreme Court has finally convicted the accused.
- Whether the applicant was a juvenile on the date of the offence, given differing dates of birth in the school record and the Aadhaar card and a variance in his name across documents.
Provisions considered
- Section 94, Juvenile Justice (Care and Protection of Children) Act, 2015The Sessions Judge, holding an inquiry on the Supreme Court's direction, examined the applicant, his mother and the school's head teacher and five documents and, having regard to Section 94, found the date of birth to be 04.10.1984 as per the school record; the Court accepted that finding. (¶¶ 7, 11)
- Section 302 read with Section 34, Indian Penal Code, 1860The conviction and life sentence under these provisions, restored by the Supreme Court on 09.03.2022, were set aside as against the applicant once his juvenility was upheld. (¶¶ 2, 4, 11)
Held
- A claim of juvenility may be raised at any stage, including after the judgment of conviction and sentence has attained finality; the delay in raising it after the Supreme Court's own conviction was therefore no bar. (¶¶ 9, 11)
- Where the inquiry ordered by the Court examined the applicant, his mother and the head teacher, considered the documents and found under Section 94 of the JJ Act that the applicant was under eighteen on the date of the incident, the report could be acted upon; the date of birth was proved to be 04.10.1984. (¶¶ 7, 11)
- The applicant's juvenility claim was upheld; his conviction recorded by the Supreme Court was set aside and he was acquitted, his interim bail bonds being cancelled. (¶ 11)
Result
Miscellaneous application allowed; the applicant's claim of juvenility upheld, his conviction set aside and he stands acquitted; bail bonds cancelled.